Common use of Covenant of the Underwriters Clause in Contracts

Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants and agrees with the Company that such Underwriter will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act).

Appears in 44 contracts

Samples: Underwriting Agreement (Soleno Therapeutics Inc), Underwriting Agreement (Soleno Therapeutics Inc), Underwriting Agreement (Ani Pharmaceuticals Inc)

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Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants Underwriter represents and agrees with that, unless it obtains the prior consent of the Company that such Underwriter and the Representative, it has not made and will not use make any offer relating to the Securities that would constitute an “issuer free writing prospectus,” as defined in Rule 433, or refer to any that would otherwise constitute a “free writing prospectus,(as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s use of or reference 405, required to such “free writing prospectus” would require the Company to file be filed with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act)Commission.

Appears in 7 contracts

Samples: Underwriting Agreement (BayCom Corp), Underwriting Agreement (Red River Bancshares Inc), Underwriting Agreement (Red River Bancshares Inc)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants Underwriter represents and agrees with that, unless it obtains the prior consent of the Company that such Underwriter and the Representatives, it has not made and will not use make any offer relating to the Securities that would constitute an “issuer free writing prospectus,” as defined in Rule 433, or refer to any that would otherwise constitute a “free writing prospectus,(as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s use of or reference 405, required to such “free writing prospectus” would require the Company to file be filed with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act)Commission.

Appears in 6 contracts

Samples: Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (Live Oak Bancshares, Inc.)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants and agrees with the Company that such Underwriter will not use or refer to any "free writing prospectus" (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s 's use of or reference to such "free writing prospectus" would require the Company to file with the Commission any "issuer information" (as defined in Rule 433 under the Securities Act).

Appears in 5 contracts

Samples: Underwriting Agreement (Winthrop Realty Trust), Underwriting Agreement (Ascent Solar Technologies, Inc.), Underwriting Agreement (Ascent Solar Technologies, Inc.)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, represents and covenants and agrees with the Company that that, unless such Underwriter has obtained or will not use or refer to any “free writing prospectus” (obtain, as defined in Rule 405 under the Securities Act) without case may be, the prior written consent of the Company if Company, such Underwriter’s Underwriter has not and will not use of any Issuer Free Writing Prospectuses or reference any Free Writing Prospectus required to such “free writing prospectus” would require be filed by the Company to file with the Commission any “issuer information” (as defined in or retained by the Company under Rule 433 under the Securities 1933 Act).

Appears in 3 contracts

Samples: Underwriting Agreement (Prudential PLC), Underwriting Agreement (Prudential PLC), Underwriting Agreement (Prudential PLC)

Covenant of the Underwriters. Each Underwriter, severally The Underwriters covenant and not jointly, covenants and agrees agree with the Company that such Underwriter the Underwriters will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s Underwriters’ use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act).

Appears in 1 contract

Samples: Underwriting Agreement (Goodrich Petroleum Corp)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, The Underwriter covenants and agrees with the Company that such the Underwriter will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act).

Appears in 1 contract

Samples: Underwriting Agreement (Goodrich Petroleum Corp)

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Covenant of the Underwriters. Each Underwriter, Underwriter severally and not jointly, covenants and agrees with the Company that such Underwriter will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act).

Appears in 1 contract

Samples: Underwriting Agreement (New Century Financial Corp)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants and agrees with the Company that such Underwriter will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act405) without the prior written consent of the Company if such Underwriter’s use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act433).

Appears in 1 contract

Samples: Underwriting Agreement (Aegean Marine Petroleum Network Inc.)

Covenant of the Underwriters. Each Underwriter, severally and not jointly, covenants and agrees with the Company that such Underwriter will not use or refer to any “free writing prospectus” (as defined in Rule 405 under the Securities Act) without the prior written consent of the Company if such Underwriter’s where the use of or reference to such “free writing prospectus” would require the Company to file with the Commission any “issuer information” (as defined in Rule 433 under the Securities Act).

Appears in 1 contract

Samples: Underwriting Agreement (JA Solar Holdings Co., Ltd.)

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